Landlords as Cops: Tort, Nuisance & Forfeiture Standards Imposing Liability on Landlords for Crime on the Premises

Abstract

This article provides an exhaustive review of landlord liability and the trend toward broadening landlord liability for criminal activity on rental property. In particular, it reviews laws penalizing landlords through forfeiture of such property and considers the philosophical shift that has accompanied these legal developments. The article rejects the assumption that increased liability standards provide incentives for increased control by landlords for several reasons. First, from the landlord's perspective, the utility of these standards is doubtful. Practical enforcement methods would encourage landlords to violate other standards designed to protect tenants from discrimination, invasion of privacy and negligent maintenance. Further, the increased costs of heightened regulation is likely to reduce the availability of quality, affordable rental housing.

Second, from legal and societal perspectives, the assumption that these increased standards provide effective incentives entails costs in itself. While the new standards may increase the acceptability of hidden, private enforcement costs, little evidence suggests that they will actually decrease crime. Moreover, while these reactive standards create an image of effective crime control, they distract the community from more effective uses of tort, nuisance and criminal laws in the prevention of crime. While these standards seem to enhance important community involvement, the growth of community is an organic process which must be facilitated through nurturing, not intimidation or threats.

Keywords: Landlord, Tenant, Tort, Nuisance, Crime, Liability, Premises liability, Duty of care, Forfeiture

JEL Classification: K10, K11, K13, K14, K40, K41